Request For Proposal

for

Rashtriya Adarsh Vidyalaya

Block No*** District *** Block ***

through

Public Private Partnership

Ministry of Human Resource Development

Government of India

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TABLE OF CONTENTS

S. No. Contents Page No.

Letter of Invitation

Disclaimer

Glossary

1 Introduction

1.1 Background

1.2 Brief description of Bidding Process

1.3 Schedule of Bidding Process

2 Instructions to Bidders

A General

2.1 General terms of Bidding

2.2 Change in Ownership

2.3 Cost of Bidding

2.4 Site visit and verification of information

2.5 Verification and Disqualification

B Documents

2.6 Contents of the RFP

2.7 Clarifications

2.8 Amendment of RFP

C Preparation and Submission of Bids

2.9 Format and Signing of Bid

2.10 Sealing and Marking of Bids

2.11 Bid Due Date

2.12 Late Bids

2.13 Contents of the Bid

2.14 Modifications/ Substitution/ Withdrawal of Bids

2.15 Rejection of Bids

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2.16 Validity of Bids

2.17 Confidentiality

2.18 Correspondence with the Bidder

D Bid Security

2.19 Bid Security

3 Evaluation of Bids

3.1 Opening of Bids

3.2 Tests of responsiveness

3.3 Evaluation criteria for Bids

3.4 Selection of Bidder

3.5 Contacts during Bid Evaluation

4 Fraud and Corrupt Practices

5 Pre-Bid Conference

6 Miscellaneous

Appendices

I Letter comprising the Bid

II Bank Guarantee for Bid Security

III Power of Attorney for signing of Bid

IV Scoring Criteria for Bidders

V Guidelines of the Department of Disinvestment

VI List of Bid-Specific Clauses

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Request for Proposal (RFP)

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Department of School Education & LiteracyMinistry of Human Resource Development

Government of India

LETTER OF INVITATION

Dated ……….

To,

…………………

…………………

…………………

Sub: RFP for Rashtriya Adarsh Vidyalaya, *** Project

Dear Sir,

Pursuant to your application in response to our Request for Qualification for theabovesaid project (the "RFQ "), you were pre-qualified as a Bidder, and asked vide ourletter dated …………. to remit the fee for RFP document (the “RFP”) within a week. Weacknowledge your remittance of Rs. 5,000 (Rs. five thousand only) as the cost ofprocuring the RFP documents, which are enclosed.

You are requested to participate in the Bid Stage and submit your proposal (the"Bid”) for the aforesaid project in accordance with the RFP.

Please note that the Department of School Education & Literacy, Ministry ofHuman Resource Development reserves the right to accept or reject all or any of the bidswithout assigning any reason whatsoever.

Thanking you,

Yours faithfully,

(Signature, name and designation of the Signatory)

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DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) orsubsequently provided to Bidder(s), whether verbally or in documentary or any otherform by or on behalf of the Authority or any of its employees or advisors, is provided toBidder(s) on the terms and conditions set out in this RFP and such other terms andconditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to theprospective Bidders or any other person. The purpose of this RFP is to provide interestedparties with information that may be useful to them in making their offers (Bids) pursuantto this RFP. This RFP includes statements, which reflect various assumptions andassessments arrived at by the Authority in relation to the Project. Such assumptions,assessments and statements do not purport to contain all the information that each Biddermay require. This RFP may not be appropriate for all persons, and it is not possible forthe Authority, its employees or advisors to consider the objectives, financial situation andparticular needs of each party who reads or uses this RFP. The assumptions, assessments,statements and information contained in the Bidding Documents, especially the[Feasibility Report], may not be complete, accurate, adequate or correct. Each Biddershould, therefore, conduct its own investigations and analysis and should check theaccuracy, adequacy, correctness, reliability and completeness of the assumptions,assessments, statements and information contained in this RFP and obtain independentadvice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some ofwhich may depend upon interpretation of law. The information given is not intended tobe an exhaustive account of statutory requirements and should not be regarded as acomplete or authoritative statement of law. The Authority accepts no responsibility forthe accuracy or otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shallhave no liability to any person, including any Applicant or Bidder under any law, statute,rules or regulations or tort, principles of restitution or unjust enrichment or otherwise forany loss, damages, cost or expense which may arise from or be incurred or suffered onaccount of anything contained in this RFP or otherwise, including the accuracy,adequacy, correctness, completeness or reliability of the RFP and any assessment,assumption, statement or information contained therein or deemed to form part of thisRFP or arising in any way for participation in this Bid Stage.

The Authority also accepts no liability of any nature whether resulting from negligence orotherwise howsoever caused arising from reliance of any Bidder upon the statementscontained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to doso, update, amend or supplement the information, assessment or assumptions contained inthis RFP.

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The issue of this RFP does not imply that the Authority is bound to select a Bidder or toappoint the Selected Bidder or Concessionaire, as the case may be, for the Project and theAuthority reserves the right to reject all or any of the Bidders or Bids without assigningany reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation andsubmission of its Bid including but not limited to preparation, copying, postage, deliveryfees, expenses associated with any demonstrations or presentations which may berequired by the Authority or any other costs incurred in connection with or relating to itsBid. All such costs and expenses will remain with the Bidder and the Authority shall notbe liable in any manner whatsoever for the same or for any other costs or other expensesincurred by a Bidder in preparation or submission of the Bid, regardless of the conduct oroutcome of the Bidding Process.

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GLOSSARY

Authority As defined in Clause 1.1.1

Associate As defined in Clause 2.1.11

Bank Guarantee As defined in Clause 2.19.1

Bid(s) As defined in Clause 1.2.2

Bidders As defined in Clause 1.2.2

Bidding Documents As defined in Clause 1.1.7

Bid Due Date As defined in Clause 1.1.7

Bidding Process As defined in Clause 1.2.1

Bid Security As defined in Clause 1.2.4

Bid Stage As defined in Clause 1.2.1

Concession As defined in Clause 1.1.5

Concession Agreement As defined in Clause 1.1.2

Concessionaire As defined in Clause 1.1.2

Conflict of Interest As defined in Clause 2.1.11

Damages As defined in Clause 2.1. 11

DBFO As defined in Clause 1.1.1

Demand Draft As defined in Clause 2.19.2

Estimated Project Cost As defined in Clause 1.1.4

Government Government of *****

Highest Bidder As defined in Clause 1.2.7

LOA As defined in Clause 3.4.3

National Boards As defined in Clause 1.1.3

PPP Public Private Partnership

Project As defined in Clause 1.1.1

Qualification Stage As defined in Clause 1.2.1

Re. or Rs. or INR Indian Rupee

RFP or Request for Proposals As defined in the Disclaimer

RFQ As defined in Clause 2.1.2

Selected Bidder As defined in Clause 3.4.1

The words and expressions beginning with capital letters and defined in thisdocument shall, unless repugnant to the context, have the meaning ascribed theretoherein. The words and expressions beginning with capital letters and not definedherein, but defined in the RFQ, shall, unless repugnant to the context, have themeaning ascribed thereto therein.

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Department of School Education & LiteracyMinistry of Human Resource Development

Government of India

1. INTRODUCTION

1.1 Background1

1.1.1 The Department of School Education & Literacy, Ministry of Human ResourceDevelopment, Government of India (the “Authority”) is engaged in the provisionof education, especially for the under privileged families, and as part of thisendeavour, the Authority has decided to undertake development, operation andmanagement of the Rashtriya Adarsh Vidyalaya, ***2 Project (the “Project”)based on the Scheme for setting up of 2500 Model Schools (Model SchoolScheme) through Public Private Partnership (the “PPP”) on Design, Build,Finance, and Operate (the "DBFO") basis, and has decided to carry out thebidding process for selection of a private entity as the Bidder to whom the Projectmay be awarded. The Department of School Education & Literacy, Ministry ofHuman Resource Development may, at any stage of the Project, be substituted bythe Model School Organisation (MSO) to be set up by Government of India andthereupon all the rights and obligations of the Authority shall vest in the MSO.Brief particulars of the Project are as follows:

Name of the Block Estimated ProjectCost

(In Rs. cr.)

*** [8]3

1.1.2 The Selected Bidder (the “Concessionaire”) shall be responsible for designing,financing, construction, operation, maintenance and management of the Projectunder and in accordance with the provisions of a long-term concession agreement

1Serially numbered footnotes are for guidance of the Authority and should be omitted prior to issue of RFP. Footnotes marked in non-

numerical characters shall be retained in the RFP.2

Wherever asterisk is used, it should be substituted by project-specific details prior to issue of RFP.3

All project-specific provisions in this document have been enclosed in square parenthesis and may be modified, as necessary. Thesquare parenthesis should be removed after carrying out the required modifications. The curly parenthesis including the provisionscontained therein, and all blank spaces shall be retained in the RFP document to be issued to the Bidders. They should be suitablymodified/ filled up by the respective Bidders to reflect the particulars relating to such Bidders.

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(the “Concession Agreement”) to be entered into between the Selected Bidderand the Authority in the form provided by the Authority as part of the BiddingDocuments pursuant hereto.

1.1.3 The scope of work will broadly include procurement of land and construction,establishment, operation, maintenance and management of a Higher SecondarySchool affiliated to the Central Board for Secondary Education (CBSE) inaccordance with the provisions of the Concession Agreement. In exceptionalcircumstances, the Authority may allow affiliation with other multi-state boardsof education (the “National Boards”).

1.1.4 The estimated cost of the Project (the “Estimated Project Cost”), excluding thecost of land, has been specified in Clause 1.1.1 above. The assessment of actualcosts, however, will have to be made by the Bidders.

1.1.5 The Concession Agreement sets forth the detailed terms and conditions for grantof the concession to the Concessionaire, including the scope of theConcessionaire’s services and obligations (the “Concession”).

1.1.6 The statements and explanations contained in this RFP are intended to provide abetter understanding to the Bidders about the subject matter of this RFP andshould not be construed or interpreted as limiting in any way or manner the scopeof services and obligations of the Concessionaire set forth in the ConcessionAgreement or the Authority’s rights to amend, alter, change, supplement or clarifythe scope of work, the Concession to be awarded pursuant to this RFP or theterms thereof or herein contained. Consequently, any omissions, conflicts orcontradictions in the Bidding Documents including this RFP are to be noted,interpreted and applied appropriately to give effect to this intent, and no claims onthat account shall be entertained by the Authority.

1.1.7 The Authority shall receive Bids pursuant to this RFP in accordance with theterms set forth in this RFP and other documents to be provided by the Authoritypursuant to this RFP, as modified, altered, amended and clarified from time totime by the Authority (collectively the "Bidding Documents"), and all Bids shallbe prepared and submitted in accordance with such terms on or before the datespecified in Clause 1.3 for submission of Bids (the “Bid Due Date”).

1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a two-stage process (collectively referred to as the"Bidding Process") for selection of the Bidder for award of the Project. The firststage (the "Qualification Stage") of the process involved pre-qualification ofinterested parties in accordance with the provisions of the RFQ. At the end of theQualification Stage, the Authority short-listed Applicants who are eligible forparticipation in this second stage of the Bidding Process (the “Bid Stage”)comprising Request for Proposals for the Block specified in Clause 1.1.1.

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Government of India has issued guidelines (see Appendix-III) for qualification ofbidders seeking to acquire stakes in any public sector enterprise through theprocess of disinvestment. These guidelines shall apply mutatis mutandis to thisBidding Process. The Authority shall be entitled to disqualify an Applicant inaccordance with the aforesaid guidelines at any stage of the Bidding Process.Applicants must satisfy themselves that they are qualified to bid, and should givean undertaking to this effect in the form at Appendix-I.

1.2.2 In the Bid Stage, the aforesaid short-listed Applicants, including their successors,(the "Bidders”) are being called upon to submit their offers (the “Bids”) inaccordance with the terms specified in this RFP. The Bids shall be evaluated inaccordance with the scoring criteria specified in Appendix IV. The Bid shall bevalid for a period of not less than 120 days from the date specified in Clause 1.3for submission of bids (the “Bid Due Date”).

1.2.3 The Bidding Documents include the draft Concession Agreement for the Projectwhich will be provided to the Bidders on or near [insert the date]. The aforesaiddocument and any addenda issued subsequent to this RFP Document will bedeemed to form part of the Bidding Documents.

1.2.4 A Bidder is required to deposit, along with its Bid, a bid security of Rs 5 lakh(Rupees five lakh) (the "Bid Security"), refundable not later than 60 (sixty) daysfrom the Bid Due Date, except in the case of the Selected Bidder whose BidSecurity shall be retained till it has provided a Performance Security under theConcession Agreement. The Bidders will have an option to provide Bid Securityin the form of a demand draft or a bank guarantee acceptable to the Authority.,The validity period of the bank guarantee shall not be less than 180 (one hundredand eighty) days and that of the demand draft shall not be less than 90 (ninety)days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days, andmay be extended as may be mutually agreed between the Authority and theBidder from time to time. Upon submission of demand draft, the same shall beencashed by the Authority. The Bid shall be summarily rejected if it is notaccompanied by the Bid Security.

1.2.5 During the Bid Stage, Bidders are invited to examine the Project in greater detail,and to carry out, at their cost, such studies as may be required for submitting theirrespective Bids for award of the Concession including implementation of theProject.

1.2.6 Bids are invited for the Project on the basis of aggregate technical score of aBidder. The Project will be awarded to the Bidder with the highest technicalscore. The concession period is pre-determined, as indicated in the draftConcession Agreement.

1.2.7 In this RFP, the term “Highest Bidder” shall mean the Bidder who secures thehighest technical score.

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1.2.8 Generally, the Highest Bidder shall be the Selected Bidder. The remainingBidders shall be kept in reserve and may, in accordance with the process specifiedin Section 3 of this RFP, be awarded the concession in case the Highest Bidderwithdraws or is not selected for any reason. However, in such an event, theAuthority may, in its discretion, annul the Bidding Process.

1.2.9 The details of the process to be followed at the Bid Stage and the terms thereofare spelt out in this RFP.

1.2.10 Any queries or request for additional information concerning this RFP shall besubmitted in writing by speed post/ courier/ special messenger or by e-mail to theofficer designated in Clause 2.10.5 below. The envelopes/ communication shallclearly bear the following identification/ title:

"Queries/Request for Additional Information: RFP for Rashtriya AdarshVidyalaya, [Name of the Block] Project".

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Event Description Date

1. Last date for receiving queries [25 days from the date of RFP]

2. Pre-Bid meeting-1 [To be specified]

3. Authority response to queries latest by [35 days from the date of RFP]

4. [Pre-Bid meeting-2]4 [To be specified]

5. Bid Due Date [To be specified]

6.Opening of Bids On Bid Due Date [at least 45 days from

the date of RFP]

7. Letter of Award (LOA) Within 45 days of Bid Due Date

8. Validity of Bids 120 days of Bid Due Date

9.Signing of ConcessionAgreement

Within 30 days of award of LOA

4 In case of complex projects, the number of pre-bid meetings could be more than two. For repetitive projects, one Pre-bid meetingwould suffice.

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2. INSTRUCTIONS TO BIDDERS

A. GENERAL

2.1. General terms of Bidding

2.1.1 No Bidder shall submit more than one Bid for the Project.

2.1.2 Unless the context otherwise requires, the terms not defined in this RFP, butdefined in the Request for Qualification document for the Project (the “RFQ”)shall have the meaning assigned thereto in the RFQ.

2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed termsspecified in the draft Concession Agreement shall have overriding effect;provided, however, that any conditions or obligations imposed on the Bidderhereunder shall continue to have effect in addition to its obligations under theConcession Agreement.

2.1.4 The Bid should be furnished in the format at Appendix–I along with Annexes andsupporting documents, and signed by the Bidder’s authorised signatory. In theevent the Bidder has been pre-qualified for more than 1 (one) School and intendsto submit Bids for more than 1 (one) such School, it may submit its Bid inaccordance with Paragraph 25 of Appendix-1.

2.1.5 The Bidder shall deposit a Bid Security of Rs. 5,00,000 (Rupees five lakh) foreach School applied for in accordance with the provisions of this RFP. The Bidderhas the option to provide the Bid Security either as a Demand Draft or in the formof a Bank Guarantee acceptable to the Authority, as per format at Appendix–II.

2.1.6 The validity period of the Bank Guarantee or Demand Draft, as the case may be,shall not be less than 180 (one hundred and eighty) days from the Bid Due Date,inclusive of a claim period of 60 (sixty) days, and may be extended as may bemutually agreed between the Authority and the Bidder. The validity of theDemand Draft shall not be less than 90(ninety) days from the Bid due Date. Uponsubmission of Demand Draft, the same shall be encashed by the Authority. TheBid shall be summarily rejected if it is not accompanied by the Bid Security. TheBid Security shall be refundable no later than 60 (sixty) days from the Bid DueDate except in the case of the Selected Bidder whose Bid Security shall beretained till it has provided a Performance Security under the ConcessionAgreement.

2.1.7 The Bidder should submit a Power of Attorney as per the format at Appendix–III,authorising the signatory of the Bid to commit the Bidder.

2.1.8 Any condition or qualification or any other stipulation contained in the Bid shallrender the Bid liable to rejection as a non-responsive Bid.

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2.1.9 The Bid and all communications in relation to or concerning the BiddingDocuments and the Bid shall be in English language. Any certificate or documentin vernacular should be accompanied by an English translation, duly authenticatedand certified by the Applicant as the true copy thereof.

2.1.10 The documents including this RFP and all attached documents, provided by theAuthority are and shall remain or become the property of the Authority and aretransmitted to the Bidders solely for the purpose of preparation and thesubmission of a Bid in accordance herewith. Bidders are to treat all information asstrictly confidential and shall not use it for any purpose other than for preparationand submission of their Bid. The provisions of this Clause 2.1.10 shall also applymutatis mutandis to Bids and all other documents submitted by the Bidders, andthe Authority will not return to the Bidders any Bid, document or any informationprovided along therewith.

2.1.11 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) thataffects the Bidding Process. Any Bidder found to have a Conflict of Interest shallbe disqualified. In the event of disqualification, the Authority shall be entitled toforfeit and appropriate the Bid Security or Performance Security, as the case maybe, as mutually agreed genuine pre-estimated loss and damage likely to besuffered and incurred by the Authority and not by way of penalty for, inter alia,the time, cost and effort of the Authority, including consideration of such Bidder’sproposal (the “Damages”), without prejudice to any other right or remedy thatmay be available to the Authority under the Bidding Documents and/ or theConcession Agreement or otherwise. Without limiting the generality of the above,a Bidder shall be deemed to have a Conflict of Interest affecting the BiddingProcess, if:

(i) a Bidder is an Associate of another Bidder; or

(ii) such Bidder has the same legal representative for purposes of this Bid asany other Bidder; or

(iii) such Bidder or any Associate thereof has participated as a consultant to theAuthority in the preparation of any documents, design or technicalspecifications of the Project.

For purposes of this RFP, Associate means, in relation to the Bidder, a personwho controls, is controlled by, or is under the common control with such Bidder(the “Associate”). As used in this definition, the expression “control” means, (i)with respect to a person which is a company, the ownership, directly or indirectly,of more than 50% (fifty per cent) of the voting shares of such company, and (ii)with respect to a person which is not a company, the power to direct themanagement and policies of such person by its constituent documents or byoperation of law, or the power to nominate a majority of the trustees and/ormembers of the governing council or has contributed more than 50% (fifty percent) of the total resources of the trust or society during the past 3 (three) years.

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2.1.12 A Bidder shall be liable for disqualification and forfeiture of Bid Security if anylegal, financial or technical adviser of the Authority in relation to the Project isengaged by the Bidder or any Associate thereof, as the case may be, in anymanner for matters related to or incidental to such Project during the BiddingProcess or subsequent to the (i) issue of the LOA or (ii) execution of theConcession Agreement. In the event any such adviser is engaged by the SelectedBidder or Concessionaire, as the case may be, after issue of the LOA or executionof the Concession Agreement for matters related or incidental to the Project, thennotwithstanding anything to the contrary contained herein or in the LOA or theConcession Agreement and without prejudice to any other right or remedy of theAuthority, including the forfeiture and appropriation of the Bid Security orPerformance Security, as the case may be, which the Authority may havethereunder or otherwise, the LOA or the Concession Agreement, as the case maybe, shall be liable to be terminated without the Authority being liable in anymanner whatsoever to the Selected Bidder or Concessionaire for the same. For theavoidance of doubt, this disqualification shall not apply where such adviser wasengaged by the Bidder or it’s Associate in the past but its assignment expired orwas terminated 6 (six) months prior to the date of issue of RFQ for the Project.Nor will this disqualification apply where such adviser is engaged after a periodof 3 (three) years from the date of award of the Project.

2.1.13 This RFP is not transferable.

2.1.14 Any award of Concession pursuant to this RFP shall be subject to the terms ofBidding Documents.

2.1.15 Other Bid conditions shall include:

(a) No Bidder shall be awarded more than 20 schools in a State and 50 schoolsin the country under the Scheme of Rashtriya Adarsh Vidyalaya. In thepresent pilot of 41 schools, no Bidder shall be awarded more than 2 (two)Schools in a State and 5 (five) Schools in the country.

(b) In case a Bidder is the Highest Bidder for more than the ceiling specified inSub-clause (a) above, it will be awarded those Schools where the gapbetween its own technical score and the score of the next Highest Bidder isgreater as compared with the gap in Bids for other Schools. The remainingSchools shall be awarded to the Bidder having the next highest technicalscore. In the event that the gap between the Highest Bidder and the nextHighest Bidder is the same for more than 2 (two) Schools in a State and 5(five) Schools in the country, the award of Schools shall be based on thepreference for locations submitted by the Bidders in accordance withAnnex VI of Appendix -1.

2.2 Change in Ownership

By submitting the Bid, the Bidder shall also be deemed to have acknowledged andagreed that in the event of a change in control of an Associate whose Technical

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Capacity and/ or Financial Capacity was taken into consideration for the purposesof pre-qualification under and in accordance with the RFQ, the Bidder shall bedeemed to have knowledge of the same and shall be required to inform theAuthority forthwith along with all relevant particulars about the same and theAuthority may, in its sole discretion, disqualify the Bidder or withdraw the LOAfrom the Selected Bidder, as the case may be. In the event such change in controloccurs after signing of the Concession Agreement but prior to Financial Close ofthe Project, it would, notwithstanding anything to the contrary contained in theConcession Agreement, be deemed to be a breach of the Concession Agreement,and the same shall be liable to be terminated without the Authority being liable inany manner whatsoever to the Concessionaire. In such an event, notwithstandinganything to the contrary contained in the Concession Agreement, the Authorityshall be entitled to forfeit and appropriate the Bid Security or PerformanceSecurity, as the case may be, as Damages, without prejudice to any other right orremedy that may be available to the Authority under the Bidding Documents and/or the Concession Agreement or otherwise.

2.3 Cost of Bidding

The Bidders shall be responsible for all of the costs associated with thepreparation of their Bids and their participation in the Bidding Process. TheAuthority will not be responsible or in any way liable for such costs, regardless ofthe conduct or outcome of the Bidding Process.

2.4 Site visit and verification of information

2.4.1 Bidders are encouraged to submit their respective Bids after ascertaining forthemselves the site conditions, location, surroundings, climate, availability ofpower, water and other utilities for construction, access to site, handling andstorage of materials, weather data, applicable laws and regulations, availability ofstudents, educational levels, other schools in adjacent areas, means of transportfor children and any other matter considered relevant by them.

2.4.2 It shall be deemed that by submitting a Bid, the Bidder has:

(a) made a complete and careful examination of the Bidding Documents;

(b) received all relevant information requested from the Authority;

(c) accepted the risk of inadequacy, error or mistake in the informationprovided in the Bidding Documents or furnished by or on behalf of theAuthority relating to any of the matters referred to in Clause 2.4.1 above;

(d) satisfied itself about all matters, things and information including mattersreferred to in Clause 2.4.1 hereinabove necessary and required forsubmitting an informed Bid, construction and operation of the Project inaccordance with the Bidding Documents and performance of all of itsobligations thereunder;

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(e) acknowledged and agreed that inadequacy, lack of completeness orincorrectness of information provided in the Bidding Documents orignorance of any of the matters referred to in Clause 2.4.1 hereinaboveshall not be a basis for any claim for compensation, damages, extension oftime for performance of its obligations, loss of profits etc. from theAuthority, or a ground for termination of the Concession Agreement bythe Concessionaire;

(f) acknowledged that it does not have a Conflict of Interest; and

(g) agreed to be bound by the undertakings provided by it under and in termshereof.

2.4.3 The Authority shall not be liable for any omission, mistake or error in respect ofany of the above or on account of any matter or thing arising out of or concerningor relating to RFP, RFQ, the Bidding Documents or the Bidding Process,including any error or mistake therein or in any information or data given by theAuthority.

2.5 Verification and Disqualification

2.5.1 The Authority reserves the right to verify all statements, information anddocuments submitted by the Bidder in response to the RFQ, the RFP or theBidding Documents and the Bidder shall, when so required by the Authority,make available all such information, evidence and documents as may benecessary for such verification. Any such verification, or lack of such verification,by the Authority shall not relieve the Bidder of its obligations or liabilitieshereunder nor will it affect any rights of the Authority thereunder.

2.5.2 The Authority reserves the right to reject any Bid and appropriate the Bid Securityif:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the Authority, thesupplemental information sought by the Authority for evaluation of the Bid.

Such misrepresentation/ improper response shall lead to the disqualification of theBidder. If such disqualification / rejection occurs after the Bids have been openedand the Highest Bidder gets disqualified / rejected, then the Authority reserves theright to:

(i) invite the Bidder with the next highest score in accordance withClauses 3.4.2; or

(ii) take any such measure as may be deemed fit in the sole discretion ofthe Authority, including annulment of the Bidding Process.

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2.5.3 In case it is found during the evaluation or at any time before signing of theConcession Agreement or after its execution and during the period of subsistencethereof, that one or more of the pre-qualification conditions have not been met bythe Bidder, or the Bidder has made material misrepresentation or has given anymaterially incorrect or false information, the Bidder shall be disqualifiedforthwith if not yet appointed as the Concessionaire either by issue of the LOA orentering into of the Concession Agreement, and if the Selected Bidder has alreadybeen issued the LOA or has entered into the Concession Agreement, as the casemay be, the same shall, notwithstanding anything to the contrary containedtherein or in this RFP, be liable to be terminated, by a communication in writingby the Authority to the Selected Bidder or the Concessionaire, as the case may be,without the Authority being liable in any manner whatsoever to the SelectedBidder or Concessionaire. In such an event, the Authority shall be entitled toforfeit and appropriate the Bid Security or Performance Security, as the case maybe, as Damages, without prejudice to any other right or remedy that may beavailable to the Authority under the Bidding Documents and/ or the ConcessionAgreement, or otherwise.

B. DOCUMENTS

2.6 Contents of the RFP

2.6.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listedbelow, and will additionally include any Addenda issued in accordance withClause 2.8.

Invitation for BidsSection 1. Introduction

Section 2. Instructions to Bidders

Section 3. Evaluation of Bids

Section 4. Fraud and Corrupt Practices

Section 5. Pre-Bid Conference

Section 6. Miscellaneous

AppendicesI. Letter comprising the Bid

II. Bank Guarantee for Bid Security

III. Power of Attorney for signing of Bid

IV. Scoring Criteria for Bidders

V. Guidelines of the Department of Disinvestment

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2.6.2 The draft Concession Agreement provided by the Authority as part of the BidDocuments shall be deemed to be part of this RFP.

2.7 Clarifications

2.7.1 Bidders requiring any clarification on the RFP may notify the Authority in writingby speed post/ courier/ special messenger or by e-mail in accordance with Clause1.2.10. They should send in their queries on or before the date mentioned in theSchedule of Bidding Process specified in Clause 1.3. The Authority shallendeavour to respond to the queries within the period specified therein, but nolater than 15 (fifteen) days prior to the Bid Due Date. The responses will be sentby fax or e-mail. The Authority will forward all the queries and its responsesthereto, to all Bidders without identifying the source of queries.

2.7.2 The Authority shall endeavour to respond to the questions raised or clarificationssought by the Bidders. However, the Authority reserves the right not to respond toany question or provide any clarification, in its sole discretion, and nothing in thisClause shall be taken or read as compelling or requiring the Authority to respondto any question or to provide any clarification.

2.7.3 The Authority may also on its own motion, if deemed necessary, issueinterpretations and clarifications to all Bidders. All clarifications andinterpretations issued by the Authority shall be deemed to be part of the BiddingDocuments. Verbal clarifications and information given by Authority or itsemployees or representatives shall not in any way or manner be binding on theAuthority.

2.8 Amendment of RFP

2.8.1 At any time prior to the Bid Due Date, the Authority may, for any reason, whetherat its own initiative or in response to clarifications requested by a Bidder, modifythe RFP by the issuance of Addenda.

2.8.2 Any Addendum issued hereunder will be in writing and shall be sent to all theBidders through email and by speed post.

2.8.3 In order to afford the Bidders a reasonable time for taking an Addendum intoaccount, or for any other reason, the Authority may, in its sole discretion, extendthe Bid Due Date$.

C. PREPARATION AND SUBMISSION OF BIDS

2.9 Format and Signing of Bid

$ While extending the Bid Due Date on account of an addendum, the Authority shall have due regard for the time required by Biddersto address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days shall be providedbetween the date of amendment and the Bid Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.

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2.9.1 The Bidder shall provide all the information sought under this RFP. TheAuthority will evaluate only those Bids that are received in the required formatsand complete in all respects.

2.9.2 The Bid and its copy shall be typed or written in indelible ink and signed by theauthorised signatory of the Bidder who shall also initial each page, in blue ink. Incase of printed and published documents, only the cover shall be initialled. All thealterations, omissions, additions or any other amendments made to the Bid shallbe initialled by the person(s) signing the Bid.

2.10 Sealing and Marking of Bids

2.10.1 The Bidder shall submit the Bid in the format specified at Appendix-I along withAnnexes and supporting documents, and seal it in an envelope and mark theenvelope as “BID”.

2.10.2 The documents accompanying the Bid shall be placed in a separate envelope andmarked as “Enclosures of the Bid”. The documents shall include:

(a) Bid Security in the format at Appendix–II;

(b) Power of Attorney for signing of Bid in the format at Appendix–III; and

(c) A copy of the Concession Agreement with each page initialled by theperson signing the Bid in pursuance of the Power of Attorney referred to inClause (b) hereinabove.

2.10.3 A true copy of the documents accompanying the Bid, as specified in Clause2.10.2 above, shall be bound together in hard cover and the pages shall benumbered serially. Each page thereof shall be initialled in blue ink by theauthorised signatory of the Bidder. This copy of the documents shall be placed ina separate envelope and marked “Copy of Documents”.

2.10.4 The three envelopes specified in Clauses 2.10.1, 2.10.2 and 2.10.3 shall be placedin an outer envelope, which shall be sealed. Each of the four envelopes shallclearly bear the following identification:

“Bid for the Rashtriya Adarsh Vidyalaya, [Name of the Block]”

and shall clearly indicate the name and address of the Bidder. In addition, the BidDue Date should be indicated on the right hand top corner of each of theenvelopes.

2.10.5 Each of the envelopes shall be addressed to:

ATTN. OF: Mr. ****

DESIGNATION ******

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ADDRESS: *****

FAX NO: *****

E-MAIL ADDRESS *****

2.10.6 If the envelopes are not sealed and marked as instructed above, the Authorityassumes no responsibility for the misplacement or premature opening of thecontents of the Bid submitted and consequent losses, if any, suffered by theBidder.

2.10.7 Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shallbe rejected.

2.11 Bid Due Date

2.11.1 Bids should be submitted before 1100 hours IST on the Bid Due Date at theaddress provided in Clause 2.10.5 in the manner and form as detailed in this RFP.A receipt thereof should be obtained from the person specified at Clause 2.10.5 orhis authorised nominee.

2.11.2 The Authority may, in its sole discretion, extend the Bid Due Date by issuing anAddendum in accordance with Clause 2.8 uniformly for all Bidders.

2.12 Late Bids

Bids received by the Authority after the specified time on the Bid Due Date shallnot be eligible for consideration and shall be summarily rejected.

2.13 Contents of the Bid

2.13.1 The Bid shall be furnished in the format at Appendix–I along with Annexes andsupporting documents.

2.13.2 Generally, the Project will be awarded to the Highest Bidder.

2.13.3 The opening of Bids and acceptance thereof shall be substantially in accordancewith this RFP.

2.13.4 The proposed Concession Agreement shall be deemed to be part of the Bid.

2.14 Modifications/ Substitution/ Withdrawal of Bids

2.14.1 The Bidder may modify, substitute or withdraw its Bid after submission, providedthat written notice of the modification, substitution or withdrawal is received bythe Authority prior to the Bid Due Date. No Bid shall be modified, substituted orwithdrawn by the Bidder on or after the Bid Due Date.

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2.14.2 The modification, substitution or withdrawal notice shall be prepared, sealed,marked, and delivered in accordance with Clause 2.10, with the envelopes beingadditionally marked “MODIFICATION”, “SUBSTITUTION” or“WITHDRAWAL”, as appropriate.

2.14.3 Any alteration/ modification in the Bid or additional information suppliedsubsequent to the Bid Due Date, unless the same has been expressly sought for bythe Authority, shall be disregarded.

2.15 Rejection of Bids

2.15.1 Notwithstanding anything contained in this RFP, the Authority reserves the rightto reject any Bid and to annul the Bidding Process and reject all Bids at any timewithout any liability or any obligation for such acceptance, rejection orannulment, and without assigning any reasons therefor. In the event that theAuthority rejects or annuls all the Bids, it may, in its discretion, invite all eligibleBidders to submit fresh Bids hereunder.

2.15.2 The Authority reserves the right not to proceed with the Bidding Process at anytime, without notice or liability, and to reject any Bid without assigning anyreasons.

2.16 Validity of Bids

The Bids shall be valid for a period of not less than 120 (one hundred and twenty)days from the Bid Due Date. The validity of Bids may be extended by mutualconsent of the respective Bidders and the Authority.

2.17 Confidentiality

Information relating to the examination, clarification, evaluation andrecommendation for the Bidders shall not be disclosed to any person who is notofficially concerned with the process or is not a retained professional advisoradvising the Authority in relation to, or matters arising out of, or concerning theBidding Process. The Authority will treat all information, submitted as part of theBid, in confidence and will require all those who have access to such material totreat the same in confidence. The Authority may not divulge any such informationunless it is directed to do so by any statutory entity that has the power under lawto require its disclosure or is to enforce or assert any right or privilege of thestatutory entity and/ or the Authority or as may be required by law or inconnection with any legal process.

2.18 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain anycorrespondence with any Bidder in relation to acceptance or rejection of any Bid.

D. BID SECURITY

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2.19 Bid Security

2.19.1 The Bidder shall furnish as part of its Bid, a Bid Security referred to in Clauses2.1.5 and 2.1.6 hereinabove in the form of a bank guarantee issued by anationalised bank, or a Scheduled Bank in India having a net worth of at least Rs.1,000 crore (Rs. one thousand crore), in favour of the Authority in the format atAppendix–II (the “Bank Guarantee”) and having a validity period of not lessthan 180 (one hundred eighty) days from the Bid Due Date, inclusive of a claimperiod of 60 (sixty) days, and may be extended as may be mutually agreedbetween the Authority and the Bidder from time to time. In case the BankGuarantee is issued by a foreign bank outside India, confirmation of the same byany nationalised bank in India is required. For the avoidance of doubt, ScheduledBank shall mean a bank as defined under Section 2(e) of the Reserve Bank ofIndia Act, 1934.

2.19.2 Bid Security can also be in the form of a demand draft issued by a ScheduledBank in India, drawn in favour of the “Pay & Accounts Officer, DSEL, MHRD”and payable at Delhi (the “Demand Draft”). The Authority shall not be liable topay any interest on the Bid Security deposit so made and the same shall beinterest free.

2.19.3 Any Bid not accompanied by the Bid Security shall be summarily rejected by theAuthority as non-responsive.

2.19.4 Save and except as provided in Clauses 1.2.4 and 1.2.5 above, the Bid Security ofunsuccessful Bidders will be returned by the Authority, without any interest, aspromptly as possible on acceptance of the Bid of the Selected Bidder or when theBidding process is cancelled by the Authority, and in any case within 60 (sixty)days from the Bid Due Date. Where Bid Security has been paid by deposit, therefund thereof shall be in the form of an account payee demand draft in favour ofthe unsuccessful Bidder(s). Bidders may by specific instructions in writing to theAuthority give the name and address of the person in whose favour the saiddemand draft shall be drawn by the Authority for refund, failing which it shall bedrawn in the name of the Bidder and shall be mailed to the address given on theBid.

2.19.5 The Selected Bidder’s Bid Security will be returned, without any interest, uponthe Concessionaire signing the Concession Agreement and furnishing thePerformance Security in accordance with the provisions thereof. The Authoritymay, at the Selected Bidder’s option, adjust the amount of Bid Security in theamount of Performance Security to be provided by him in accordance with theprovisions of the Concession Agreement.

2.19.6 The Authority shall be entitled to forfeit and appropriate the Bid Security asDamages inter alia in any of the events specified in Clause 2.19.7 herein below.The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to haveacknowledged and confirmed that the Authority will suffer loss and damage onaccount of withdrawal of its Bid or for any other default by the Bidder during the

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period of Bid validity as specified in this RFP. No relaxation of any kind on BidSecurity shall be given to any Bidder.

2.19.7 The Bid Security shall be forfeited as Damages without prejudice to any otherright or remedy that may be available to the Authority under the BiddingDocuments and/ or under the Concession Agreement, or otherwise, under thefollowing conditions:

(a) If a Bidder submits a non-responsive Bid;

(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice as specified in Clause4 of this RFP;

(c) If a Bidder withdraws its Bid during the period of Bid validity as specifiedin this RFP and as extended by mutual consent of the respective Bidder(s)and the Authority;

(d) In the case of Selected Bidder, if it fails within the specified time limit -

(i) to sign and return the duplicate copy of LOA;

(ii) to sign the Concession Agreement; or

(iii) to furnish the Performance Security within the period prescribedtherefor in the Concession Agreement; or

(e) In case the Selected Bidder, having signed the Concession Agreement,commits any breach thereof prior to furnishing the Performance Security.

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3. EVALUATION OF BIDS

3.1 Opening and Evaluation of Bids

3.1.1 The Authority shall open the Bids at 1130 hours on the Bid Due Date, at the placespecified in Clause 2.10.5 and in the presence of the Bidders who choose toattend.

3.1.2 The Authority will subsequently examine and evaluate the Bids in accordancewith the provisions set out in this Section 3.

3.1.3 To facilitate evaluation of Bids, the Authority may, at its sole discretion, seekclarifications in writing from any Bidder regarding its Bid.

3.2 Tests of responsiveness

3.2.1 Prior to evaluation of Bids, the Authority shall determine whether each Bid isresponsive to the requirements of this RFP. A Bid shall be considered responsiveonly if:

(a) it is received as per the format at Appendix–I along with Annexes andsupporting documents;

(b) it is received by the Bid Due Date including any extension thereofpursuant to Clause 2.11.2;

(c) it is signed, sealed, bound together in hard cover and marked as stipulatedin Clauses 2.9 and 2.10;

(d) it is accompanied by the Bid Security as specified in Clause 2.1.5;

(e) it is accompanied by the Power(s) of Attorney as specified in Clauses2.1.7;

(f) it contains all the information (complete in all respects) as requested inthis RFP and/or Bidding Documents (in formats same as those specified);

(g) it does not contain any condition or qualification; and

(h) it is not non-responsive in terms hereof.

3.2.2 The Authority reserves the right to reject any Bid which is non-responsive and norequest for alteration, modification, substitution or withdrawal shall be entertainedby the Authority in respect of such Bid.

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3.3 Evaluation criteria for Bids

3.3.1 The Bids of all Bidders shall be evaluated in terms of their technical scores. Theevaluation and scoring of Bidders shall be undertaken in accordance with thescoring criteria specified in Appendix-IV. The award of the Project will dependon the comparative scores of the respective Bidders who submit Bids for and inrespect of the Project. Only those Bidders who achieve the minimum technicalscore specified in Appendix-IV will be considered for award of the Project. TheBidders shall be ranked on the basis of their respective technical scores and theBidder with the highest technical score shall be the Highest Bidder.

3.3.2 The Bidders are required to undertake and submit their self-score as per formatsgiven at Annex IV and V of Appendix-I. Bidders shall calculate their technicalscore in terms of the scoring criteria given at Appendix IV. The Bidders areexpected to compute their scores with diligence and caution. In case ineligible/incorrect scores are computed by a Bidder, such scores shall be omitted during theevaluation process.

3.4 Selection of Bidder

3.4.1 Subject to the provisions of Clause 2.14.1, the Bidder whose Bid is adjudged asresponsive in terms of Clause 3.2.1 and who has the highest technical score shallbe declared as the selected Bidder (the “Selected Bidder”). In the event that theAuthority rejects or annuls all the Bids, it may, in its discretion, invite all eligibleBidders to submit fresh Bids hereunder.

3.4.2 In the event that the Highest Bidder withdraws or is not selected for any reason,the Authority may invite the Bidder with the next highest technical score andaward the Project to it, provided it has the minimum technical score specified inAppendix-IV. In the event that the Bidder with the next highest technical scorealso withdraws or is not selected for any reason, this process may be repeated withthe remaining bidders who have the minimum technical score specified inAppendix-IV, in order of their ranking.

3.4.3 After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, bythe Authority to the Selected Bidder and the Selected Bidder shall, within 7(seven) days of the receipt of the LOA, sign and return the duplicate copy of theLOA in acknowledgement thereof. In the event the duplicate copy of the LOAduly signed by the Selected Bidder is not received by the stipulated date, theAuthority may, unless it consents to extension of time for submission thereof,appropriate the Bid Security of such Bidder as Damages on account of failure ofthe Selected Bidder to acknowledge the LOA, and the next eligible Bidder may beconsidered.

3.4.4 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shallcause the Concessionaire to execute the Concession Agreement within the periodprescribed in Clause 1.3. The Selected Bidder shall not be entitled to seek anydeviation, modification or amendment in the Concession Agreement.

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3.5 Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are openedand until such time the Authority makes official intimation of award/ rejection tothe Bidders. While the Bids are under consideration, Bidders and/ or theirrepresentatives or other interested parties are advised to refrain, save and exceptas required under the Bidding Documents, from contacting by any means, theAuthority and/ or their employees/ representatives on matters related to the Bidsunder consideration.

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4. FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shallobserve the highest standard of ethics during the Bidding Process and subsequentto the issue of the LOA and during the subsistence of the Concession Agreement.Notwithstanding anything to the contrary contained herein, or in the LOA or theConcession Agreement, the Authority may reject a Bid, withdraw the LOA, orterminate the Concession Agreement, as the case may be, without being liable inany manner whatsoever to the Bidder or Concessionaire, as the case may be, if itdetermines that the Bidder or Concessionaire, as the case may be, has, directly orindirectly or through an agent, engaged in corrupt practice, fraudulent practice,coercive practice, undesirable practice or restrictive practice in the BiddingProcess. In such an event, the Authority shall be entitled to forfeit and appropriatethe Bid Security or Performance Security, as the case may be, as Damages,without prejudice to any other right or remedy that may be available to theAuthority under the Bidding Documents and/ or the Concession Agreement, orotherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove andthe rights and remedies which the Authority may have under the LOA or theConcession Agreement, or otherwise if a Bidder or Concessionaire, as the casemay be, is found by the Authority to have directly or indirectly or through anagent, engaged or indulged in any corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice during the Bidding Process, orafter the issue of the LOA or the execution of the Concession Agreement, suchBidder or Concessionaire shall not be eligible to participate in any tender or RFPissued by the Authority during a period of 2 (two) years from the date such Bidderor Concessionaire, as the case may be, is found by the Authority to have directlyor indirectly or through an agent, engaged or indulged in any corrupt practice,fraudulent practice, coercive practice, undesirable practice or restrictive practices,as the case may be.

4.3 For the purposes of this Clause 4, the following terms shall have the meaninghereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,directly or indirectly, of anything of value to influence the actions of anyperson connected with the Bidding Process (for avoidance of doubt,offering of employment to or employing or engaging in any mannerwhatsoever, directly or indirectly, any official of the Authority who is orhas been associated in any manner, directly or indirectly, with the BiddingProcess or the LOA or has dealt with matters concerning the ConcessionAgreement or arising therefrom, before or after the execution thereof, atany time prior to the expiry of one year from the date such official resignsor retires from or otherwise ceases to be in the service of the Authority,shall be deemed to constitute influencing the actions of a person connected

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with the Bidding Process); or (ii) save and except as permitted under theClause 2.1.12 of this RFP, engaging in any manner whatsoever, whetherduring the Bidding Process or after the issue of the LOA or after theexecution of the Concession Agreement, as the case may be, any person inrespect of any matter relating to the Project or the LOA or the ConcessionAgreement, who at any time has been or is a legal, financial or technicaladviser of the Authority in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts orsuppression of facts or disclosure of incomplete facts, in order to influencethe Bidding Process;

(c) “coercive practice” means impairing or harming, or threatening to impairor harm, directly or indirectly, any person or property to influence anyperson’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any personconnected with or employed or engaged by the Authority with theobjective of canvassing, lobbying or in any manner influencing orattempting to influence the Bidding Process; or (ii) having a Conflict ofInterest; and

(e) “restrictive practice” means forming a cartel or arriving at anyunderstanding or arrangement among Bidders with the objective ofrestricting or manipulating a full and fair competition in the BiddingProcess.

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5. PRE-BID CONFERENCE

5.1 Pre-Bid conferences of the Bidders shall be convened at the designated date, timeand place. Only those persons who have purchased the RFP document shall beallowed to participate in the Pre-Bid Conferences. A maximum of fiverepresentatives of each Bidder shall be allowed to participate on production ofauthority letter from the Bidder.

5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seekclarifications and make suggestions for consideration of the Authority. TheAuthority shall endeavour to provide clarifications and such further information asit may, in its sole discretion, consider appropriate for facilitating a fair, transparentand competitive Bidding Process.

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6. MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, thelaws of India and the Courts at New Delhi shall have exclusive jurisdiction over alldisputes arising under, pursuant to and/ or in connection with the Bidding Process.

6.2 The Authority, in its sole discretion and without incurring any obligation orliability, reserves the right, at any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ orsupplement the Bidding Process or modify the dates or other terms andconditions relating thereto;

(b) consult with any Bidder in order to receive clarification or furtherinformation;

(c) retain any information and/ or evidence submitted to the Authority by, onbehalf of, and/ or in relation to any Bidder; and/ or

(d) independently verify, disqualify, reject and/ or accept any and allsubmissions or other information and/ or evidence submitted by or onbehalf of any Bidder.

6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases theAuthority, its employees, agents and advisers, irrevocably, unconditionally, fullyand finally from any and all liability for claims, losses, damages, costs, expenses orliabilities in any way related to or arising from the exercise of any rights and/ orperformance of any obligations hereunder, pursuant hereto and/ or in connectionwith the Bidding Process and waives, to the fullest extent permitted by applicablelaws, any and all rights and/ or claims it may have in this respect, whether actual orcontingent, whether present or in future.

6.4 The Bidding Documents and RFQ are to be taken as mutually explanatory and,unless otherwise expressly provided elsewhere in this RFP, in the event of anyconflict between them the priority shall be in the following order:

(a) the Bidding Documents;

(b) the RFQ.

i.e. the Bidding Documents at (a) above shall prevail over the RFQ at (b) above.

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APPENDIX – I

Letter comprising the Bid(Refer Clauses 2.1.4 and 2.13.1)

Dated:

[The Secretary,

***********

***********]

Sub: Bid for Rashtriya Adarsh Vidyalaya, [Name of the Block] Project

Dear Sir,

With reference to your RFP document dated *****$, I/we, having examined theBidding Documents and understood their contents, hereby submit my/our Bid for theaforesaid Project. The Bid is unconditional and unqualified.

2. I/We acknowledge that the Authority will be relying on the information providedin the Bid and the documents accompanying the Bid for selection of theConcessionaire for the aforesaid Project, and I/we certify that all informationprovided therein is true and correct; nothing has been omitted which renders suchinformation misleading; and all documents accompanying the Bid are true copiesof their respective originals.

3. This statement is made for the express purpose of our selection as Concessionairefor the development, operation, maintenance and management of the aforesaidProject.

4. I/We shall make available to the Authority any additional information it may findnecessary or require to supplement or authenticate the Bid.

5. I/We acknowledge the right of the Authority to reject my Bid without assigningany reason or otherwise and hereby waive, to the fullest extent permitted byapplicable law, our right to challenge the same on any account whatsoever.

6. I/We certify that in the last three years, we or our Associates have neither failed toperform on any contract, as evidenced by imposition of a penalty by an arbitral orjudicial authority or a judicial pronouncement or arbitration award, nor beenexpelled from any project or contract by any public authority nor have had anycontract terminated by any public authority for breach on our part.

$ All blank spaces shall be suitably filled up by the Applicant to reflect the particulars relating to such Applicant.

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Appendix - IPage 2

7. I/We declare that:

(a) I/We have examined and have no reservations to the Bidding Documents,including any Addendum issued by the Authority;

(b) I/We do not have any conflict of interest in accordance with Clauses2.1.11 and 2.1.12 of the RFP document;

(c) I/We do not own or manage any school/educational institution that hasbeen disaffiliated by the authority to which it was affiliated, and thedisaffiliation subsists as on the Bid Due Date;

(d) I/We have not directly or indirectly or through an agent engaged orindulged in any corrupt practice, fraudulent practice, coercive practice,undesirable practice or restrictive practice, as defined in Clause 4.3 of theRFP document, in respect of any tender or request for proposal issued byor any agreement entered into with the Authority or any other publicsector enterprise or any government, Central or State;

(e) I/We hereby certify that we have taken steps to ensure that in conformitywith the provisions of Section 4 of the RFP, no person acting for us or onour behalf has engaged or will engage in any corrupt practice, fraudulentpractice, coercive practice, undesirable practice or restrictive practice; and

(f) the undertakings given by us along with the Application in response to theRFQ for the Project were true and correct as on the date of making theApplication and are also true and correct as on the Bid Due Date and weshall continue to abide by them.

8. I/We understand that you may cancel the Bidding Process at any time and thatyou are neither bound to accept any Bid that you may receive nor to invite theBidders to Bid for the Project, without incurring any liability to the Bidders, inaccordance with Clause 2.15 of the RFP document.

9. I/We believe that we satisfy the eligibility criteria and meet the requirements asspecified in the RFQ document.

10. I/We certify that in regard to matters other than security and integrity of thecountry, we or any of our Associates have not been convicted by a Court of Lawor indicted or adverse orders passed by a regulatory authority which could cast adoubt on our ability to undertake the Project or which relates to a grave offencethat outrages the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and integrity of

Appendix - I

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Page 3

the country, I/We or any of our Associates have not been charge-sheeted by anyagency of the Government or convicted by a Court of Law.

12. I /We further certify that no investigation by a regulatory authority is pendingeither against us or against our Associates or against our CEO or any of our

directors/ managers/ employees.£

13. I/ We further certify that we are not disqualified in terms of the additional criteriaspecified by the Department of Disinvestment in their OM No. 6/4/2001-DD-IIdated July 13, 2001, a copy of which forms part of the RFP at Appendix-Vthereof.

14. I/We undertake that in case due to any change in facts or circumstances during theBidding Process, we are attracted by the provisions of disqualification in terms ofthe provisions of this RFP, we shall intimate the Authority of the sameimmediately.

15. I/We acknowledge and agree that in the event of a change in control of anAssociate whose eligibility was taken into consideration for the purposes of short-listing and pre-qualification under and in accordance with the RFQ, we shallinform the Authority forthwith along with all relevant particulars and theAuthority may, in its sole discretion, disqualify us or withdraw the Letter ofAward, as the case may be. I/we further acknowledge and agree that in the eventsuch change in control occurs after signing of the Concession Agreement but priorto Financial Close of the Project, it would, notwithstanding anything to thecontrary contained in the Agreement, be deemed a breach thereof, and theConcession Agreement shall be liable to be terminated without the Authoritybeing liable to us in any manner whatsoever.

16. I/We understand that the Selected Bidder shall set up the Project either as a trustregistered under the Indian Trusts Act, 1882 or the Bombay Public Trusts Act,1950 (or other applicable laws) or a society registered under the SocietiesRegistration Act, 1860 (or other applicable laws) or a not-for-profit companyincorporated under Section 25 of the Companies Act, 1956.

17. I/We hereby irrevocably waive any right or remedy which we may have at anystage at law or howsoever otherwise arising to challenge or question any decisiontaken by the Authority in connection with the selection of the Bidder, or in

£ In case the Applicant is unable to provide the certification specified in para 12, it may precede theparagraph by the words, viz. “Except as specified in Schedule **** hereto”. The exceptions to thecertification or any disclosures relating thereto may be clearly stated in a Schedule to be attached to theApplication. The Authority will consider the contents of such Schedule and determine whether or not theexceptions/disclosures are of a nature that could cast a doubt on the ability or suitability of the Applicant toundertake the Project.

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Appendix - IPage 4

connection with the Bidding Process itself, in respect of the above mentionedProject and the terms and implementation thereof.

18. In the event of my/our being declared as the Selected Bidder, I/we agree to enterinto a Concession Agreement in accordance with the draft that has been providedto us prior to the Bid Due Date. I/We agree not to seek any changes in theaforesaid draft and agree to abide by the same.

19. I/We have studied all the Bidding Documents carefully. I/we understand thatexcept to the extent as expressly set forth in the Concession Agreement, I/we shallhave no claim, right or title arising out of any documents or information providedto us by the Authority or in respect of any matter arising out of or relating to theBidding Process including the award of Concession.

20. I/We offer a Bid Security of Rs.5,00,000 (Rupees five lakh only) to the Authorityin accordance with the RFP Document.

21. The Bid Security in the form of a Demand Draft/ Bank Guarantee (strike outwhichever is not applicable) is attached.

22. The documents accompanying the Bid, as specified in Clause 2.10.2 of the RFP,have been submitted in a separate envelope and marked as “Enclosures of theBid”.

22. I/We agree and understand that the Bid is subject to the provisions of the BiddingDocuments. In no case, I/we shall have any claim or right of whatsoever nature ifthe Project / Concession is not awarded to us or our Bid is not opened or rejected.

23. I/We agree and undertake to abide by all the terms and conditions of the RFPdocument.

24. /We shall keep this offer valid for 120 (one hundred and twenty) days from theBid Due Date specified in the RFP.

25. {We have been pre-qualified for more than 1 (one) School and have submitted acomplete set of Bid Documents with our Bid for ………… School. I authorise theAuthority to use the information contained in Annexes I to V of Appendix – 1,including supporting documents, accompanying my aforesaid Bid Documents forthe purpose of determining my technical score for this Bid. All other documentsaccompanying the Bid have been submitted in accordance with Clause 2.10.2.}£

26. I/We hereby submit our Bid for undertaking the aforesaid Project in accordancewith the Bidding Documents and the Concession Agreement.

£ This Paragraph may be omitted in case the Bidder has submitted Annexes I to V along with the Bid.

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In witness thereof, I/we submit this Bid under and in accordance with the terms of theRFP document.

Yours faithfully,

Date: (Signature, name and designation of the Authorised signatory)

Place: Name and seal of Bidder

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable toit, or modified as necessary to reflect Bidder-specific particulars.

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Appendix IAnnex-I

ANNEX-I

Details of Existing School(Refer to Clauses 2.1.4 and 2.13)

Item(1)

Particulars(2)

Name of the School and addressDate of establishmentName of the affiliating BoardCBSE/ ICSE/ Other Boards’ registration no. with dateHighest class being run (X/ XII)Location (Name of the Block, District and State)Whether in a Special Category State/LWEDistrict/Tribal Block (Yes/No)(Please provide relevant reference$)

Aided or Non-Aided SchoolAverage percentage marks in its highest class (X/XII)for the years:

2011-122012-13

No. of annual examinations of the highest classconductedNo. of students with recognised accomplishment atNational/ State LevelNo. of teachers with recognised accomplishment atNational/ State LevelRecognised accomplishment for the school atNational/ State LevelWhether credit is being taken for the experience of anAssociate (Yes/ No)$ (Refer Para 4 of Appendix IV. In case of a LWE District, mention the name and serialnumber of the district as per the list in Annex I of Appendix IV)

Instructions:

1. Attach separate sheet for each existing school for which technical scores are beingclaimed.

2. Provide details of only those schools that are being run by the Bidder under its ownname and/ or by an Associate specified in Clause 2.1.11.

3. Attach registration certificate for each existing school from the affiliating Boardindicating the validity of the current affiliation (at the time of submission ofProposal). The registration certificate of the school submitted with the Proposal willdecide their category for the purpose of scoring as per the Scoring Criteria forBidders in Appendix IV.

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4. Attach certificate for each school as per format given below:

Certificate from the Competent AuthorityBased on published information authenticated by it, this is to certify that ……………………..(name of the Bidder) is operating and managing ……………….. (name of the school) from…………... (date).I certify that ……… (number) batches comprising students of Class X/ XII$ have passed outfrom the School since ---------- (year).

I further certify that the average percentage marks for past 2-years for Class X/ XII$ of theschool was --------% (----------- per cent).

Name and Designation of Competent Authority@:

Seal of the officer:

(Signature, name and designation

of the authorized signatory)

Date:$ Strike out whichever is not applicable.@ This certificate may be given by any officer of the Education Department of the CentralGovernment or the relevant State Government, but not below the rank of a District Education Officerin case of aided schools or by an auditor with relevant evidence from the affiliating Board in case ofa non-aided school.

5. In the event that credit is being taken for experience of an Associate, as defined inClause 2.1.11, the Bidder should, in addition to a certificate in the above format,also provide a certificate in the format below:

Certificate from Auditor/ Company Secretary regarding Associate$

Based on the authenticated record of the Company, this is to certify that more than 50% (fiftyper cent) of the subscribed and paid up voting equity of ……………… (name of the Bidder/Associate) is held, directly or indirectly, by ……………….. (name of Associate/ Bidder). Byvirtue of the aforesaid share-holding, the latter exercises control over the former, who is anAssociate in terms of Clause 2.1.11 of the RFP.

A brief description of the said equity held, directly or indirectly, is given below:{Describe the share-holding of the Bidder and the Associate. In the event the Associate is undercommon control with the Bidder, the relationship may be suitably described and similarlycertified herein}

Name of the audit firm:Seal of the audit firm:

(Signature, name and designationof the authorised signatory)

Date:$ In the event that the Bidder exercises control over an Associate by virtue of its constituentdocuments or by operation of law, or in any other manner specified in Clause 2.1.11 of the RFP,this certificate may be suitably modified and copies of the constituent documents and/or relevantlaw may be enclosed and referred to. In case of a Trust or Society, this Certificate must beobtained from the Auditor based on the authenticated record of the relevant Board of Trust orRegistrar of Societies, as the case may be.

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6. Only those annual examinations of the highest class for which the results have beendeclared may be included.

7. (a) Average percentage marks for a batch in school/educational institution shallbe average of percentage marks obtained by all students, covering all subjectsconsidered towards overall score counted by respective affiliating/accreditingboards/bodies for declaring pass/fail, irrespective of the stream, specialization,language of examination and other relevant variables.

(b) Calculation of average percentage marks of students shall include studentswho have failed in the exams. Students who did not appear for all exams may beexcluded.

(c) Average of last two years’ average percentage marks thus calculated shall berounded to nearest whole number.

(d) Any pending results (compartments/re-valuations, etc.) shall be treated asfinal as existing on the date of Proposal submission.

(e) Last year shall mean the latest year for which results have been declared andcommunicated by the affiliating/ accrediting board/body. The last two years shall beclearly mentioned along with the average percentage.

(f) Grades will be converted to equivalent percentage marks based on therelevant methodology notified by the relevant affiliating/ accrediting board/body.Such methodology for conversion shall be enclosed as published or duly certifiedby the Authorized Signatory of the entity which has notified such methodology. Incase the affiliating/ accrediting board/body declaring the results does not have suchmethodology for conversion of grades or CGPA to percentage, the same would beconverted into percentage marks based on its mean (the mean of the interval for therespective grade in case of grades system). The concerned school/educationalinstitution shall provide a declaration in this regard stating that the affiliating/accrediting board/body declaring its results does not have any specifiedmethodology for conversion of grades or CGPA to percentage and shall providedetails of range of grades/CGPA and mean values of the same.

8. (a) Only the accomplishments relating to excellence in scholastic and coscholastic activities shall be considered, subject to submission of a certified truecopy of appropriate certificate issued by the relevant National/ State levelorganisation for each student/ teacher and the school/educational institution inrespect of which technical scores are being claimed.

(b) The marks allocated for accomplishments as per the Scoring Criteria inAppendix IV shall be applicable for awards by State level organisations. For awardsby National level organisations, the marks would be upscaled by 50% thereof. Forthe purposes of this RFP, an organisation shall be considered as a State levelorganisation if it is affiliated/ accredited to a board/body recognised by the StateGovernment or which has been created under a State law. An organisation shall beconsidered as a National level organisation if it is affiliated /accredited to aboard/body recognised by the Central Government as a national or inter-state entityor which has been created under a Central law.

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(c) For students, the accomplishments submitted for consideration must belongto those who were enrolled in the school/educational institution during the time ofthat particular achievement. For Teachers, the accomplishments submitted forconsideration must belong to those from those who are employed currently in theschool/educational institution at the time of submission of the Proposal, irrespectiveof the timing and employer at the time of accomplishment. MHRD reserves theright to seek enrolment/employment/contract records from the Bidder, if required.

(d) The accomplishments may belong to students/teachers from any class/academic batch and any year of operation of the school/educational institution up toand including the date of submission of the proposal.

(e) Only individual accomplishments will be considered as student/ teacheraccomplishments. All team accomplishments will be considered asaccomplishments of the school/educational institution. Further, if only the name ofthe school/ educational institution appears on the certificate, then it will beconsidered as an accomplishment of the school/educational institution. The Bidderwill certify whether the accomplishment is a team or an individual achievement.

9. The certificates attached in other languages must be accompanied by Englishtranslations, duly authenticated and certified by the Applicant. It may be noted thatin the absence of any detail in the above certificates, the information would beconsidered inadequate and could lead to exclusion of the relevant school incomputation of the score of the Bidder.

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Appendix IAnnex-II

ANNEX-II

Details of Existing Educational Institution(Refer to Clauses 2.1.4 and 2.13)

Item(1)

Particulars(2)

Name of the Educational Institution andaddressDate of establishmentName of the affiliating/ accreditingorganisationAffiliating/ accrediting organisation’sregistration no. with dateWhether Central/National level or Statelevel InstitutionHighest class being run (Under graduate/Graduate/ Post graduate)Location (Name of the Block, District andState)Whether in a Special Category State/LWEDistrict/Tribal Block (Yes/No)(Please provide relevant reference)$

Average percentage marks in its highestclass (Under graduate/ Graduate/ Postgraduate) for the years:

2011-12

2012-13

No. of annual examinations of the highestclass conductedNo. of students with recognisedaccomplishment at National/ State LevelNo. of teacher with recognisedaccomplishment at National/ State LevelRecognised accomplishment for theeducational institution at National/ StateLevelWhether credit is being taken for theexperience of an Associate (Yes/ No)$ Refer Para 4 of Appendix IV. In case of a LWE District, mention the name and serialnumber of the district as per the list in Annex I of Appendix IV.

Instructions:

1. Attach separate sheet for each existing educational institution for which technicalscores are being claimed.

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2. Provide details of only those educational institutions that are being run by theBidder under its own name and/ or by an Associate specified in Clause 2.1.11.

3. Attach registration certificate for each existing educational institution from theaffiliating/ accrediting organisation indicating the validity of the current affiliation/accreditation.

4. Attach certificate for each educational institution as per format given below:

Certificate from the Competent Authority

Based on published information authenticated by it, this is to certify that ……………………..(name of the Bidder) is operating and managing ……………….. (name of the educationalinstitution) from …………... (date).

I certify that ……… (number) batches comprising students of Under graduate/ Graduate/ Postgraduate have passed out from the educational institution since ---------- (year).

I further certify that the average percentage marks for past 2-years for Under graduate/Graduate/ Post graduate$ of the educational institution was --------% (----------- per cent).

Name and Designation of Competent Authority@:Seal of the officer:

(Signature, name and designation of theauthorized signatory)

Date:

$ Strike out whichever is not applicable.

@ This certificate may be given by the authorised signatory of the affiliating/ accreditingorganisation.

5. In the event that credit is being taken for experience of an Associate, as defined inClause 2.1.11, the Bidder should, in addition to a certificate in the above format,also provide a certificate in the format specified in paragraph 5 of the instructions inAnnex-I of this Appendix-I.

6. Highest class being run must be: (a) For Post-Graduate Institutions – Master’sDegree or Post-Graduate Diploma; (b) For Graduate Institutions – Bachelors orGraduate Diploma; and (c) For Under Graduate Institutions (ITI/Polytechnic) –Under Graduate Diploma or Under Graduate Certificate which has eligibilityrequirement of 12th pass for admission.

7. Only those annual examinations of the highest class for which the results have beendeclared may be included.

8. (a) Average percentage marks for a batch in school/educational institution shallbe average of percentage marks obtained by all students, covering all subjectsconsidered towards overall score counted by respective affiliating/accreditingboards/bodies for declaring pass/fail, irrespective of the stream, specialization,language of examination and other relevant variables.

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(b) Calculation of average percentage marks of students shall include studentswho have failed in the exams. Students who did not appear for all exams may beexcluded.

(c) Average of last two years’ average percentage marks thus calculated shall berounded to nearest whole number.

(d) Any pending results (compartments/re-valuations, etc.) shall be treated asfinal as existing on the date of Proposal submission.

(e) Last year shall mean the latest year for which results have been declared andcommunicated by the affiliating/ accrediting board/body. The last two years shall beclearly mentioned along with the average percentage.

(f) Grades will be converted to equivalent percentage marks based on therelevant methodology notified by the relevant affiliating/ accrediting board/body.Such methodology for conversion shall be enclosed as published or duly certifiedby the Authorized Signatory of the entity which has notified such methodology. Incase the affiliating/ accrediting board/body declaring the results does not have suchmethodology for conversion of grades or CGPA to percentage, the same would beconverted into percentage marks based on its mean (the mean of the interval for therespective grade in case of grades system). The concerned school/educationalinstitution shall provide a declaration in this regard stating that the affiliating/accrediting board/body declaring its results does not have any specifiedmethodology for conversion of grades or CGPA to percentage and shall providedetails of range of grades/CGPA and mean values of the same.

9. (a) Only the accomplishments relating to excellence scholastic and co scholasticactivities shall be considered, subject to submission of copy of appropriatecertificate issued by the relevant National/ State level organisation for each student/teacher and the school/educational institution in respect of which technical scoresare being claimed.

(b) The marks allocated for accomplishments as per the Scoring Criteria in AppendixIV shall be applicable for awards by State level organisations. For awards byNational level organisations, the marks would be upscaled by 50% thereof. For thepurposes of this RFP, an organisation shall be considered as a State levelorganisation if it is affiliated/ accredited to a board/body recognised by the StateGovernment or which has been created under a State law or is a private/deemedUniversity recognised by University Grants Commission. An organisation shall beconsidered as a National level organisation if it is affiliated/ accredited to aboard/body recognised by the Central Government as a national or inter-state entityor which has been created under a Central law.

(c) For students, the accomplishments submitted for consideration must belong to thosewho were enrolled in the school/educational institution during the time of thatparticular achievement. For Teachers, the accomplishments submitted forconsideration must belong to those who are employed currently in theschool/educational institution at the time of submission of the Proposal, irrespectiveof the timing and employer at the time of accomplishment. MHRD reserves theright to seek enrolment/employment/contract records from the Bidder, if required.

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(d) The accomplishments may belong to students/teachers from any class/academic batch and any year of operation of the school/educational institution up toand including the date of submission of the proposal.

(e) Only individual accomplishments will be considered as student/ teacheraccomplishments. All team accomplishments will be considered asaccomplishments of the school/educational institution. Further, if only the name ofthe school/ educational institution appears on the certificate, then it will beconsidered as an accomplishment of the school/educational institution. The Bidderwill certify whether the accomplishment is a team or an individual achievement.

10. The certificates attached in other languages must be accompanied by Englishtranslations, duly authenticated and certified as the true copy thereof. It may benoted that in the absence of any detail in the above certificates, the informationwould be considered inadequate and could lead to exclusion of the relevantEducational Institution in computation of the score of the Bidder.

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Appendix IAnnex-III

ANNEX-III

Net Worth of the Bidder((Refer to Clauses 2.1.4 and 2.13)

(In Rs. crore)

Name of the Bidder/ Associate$ Net Worth(2011-12)

Net Worth(2012-13)

(1) (2) (3)

Name & address of Bidder’s Bankers:

$The Bidder should provide details of its own Net Worth or of an Associate specified inClause 2.1.11.

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements andAnnual Reports for 2 (two) years preceding the Bid Due Date. The financialstatements shall:

(a) reflect the financial situation of the Bidder or their Associates where theBidder is relying on its Associate’s financials;

(b) be audited by an auditor;

(c) be complete, including all notes to the financial statements; and

(d) correspond to accounting periods already completed and audited (nostatements for partial periods shall be requested or accepted).

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2. Net Worth shall, in the case of companies incorporated under the Companies Act,1956, mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves+ miscellaneous expenditure not written off + reserves not available for distributionto equity shareholders) and in the case of Trusts/Societies shall mean the sum oftotal contribution held by Trust/Society, Share Capital, Capital Grant, Total Corpus,Reserves & Surplus from which shall be deducted the sum of revaluation reserves,miscellaneous expenditure not written off and accumulated losses.

3. Information will be provided for the latest completed financial year, preceding thebidding. In case the Bid Due Date falls within 3 (three) months of the close of thelatest financial year, it shall ignore such financial year for the purposes of its Bidand furnish all its information and certification with reference to 2 (two) yearspreceding its latest financial year.

4. The Bidder shall also provide the name and address of the bankers to the Bidder.

5. The Bidder shall provide an Auditor’s certificate specifying the Net Worth of theBidder and also specifying the methodology adopted for calculating such NetWorth.

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Appendix IAnnex-IV

ANNEX-IV

Technical Score of the Bidder for its Educational Experience*(Refer Clause 3.3.2)

Name of theschool/

EducationalInstitution@

Technical Score

TotalTechnical

Score

No. ofannual

examinationsof highest

classconducted

Averagepercentagemarks for

past 2years in its

highestclass

Students withrecognised

accomplishmentat National/State level

Teachers withrecognised

accomplishmentat National/State level

Recognisedaccomplishmentfor the school atNational/ State

level

(1) (2) (3) (4) (5) (6) (7)(i) CBSE

schools(a)(b)(c)..**(ii) Non-

CBSEschools

(a)(b)(c)..**(iii)

EducationalInstitutions

(a)(b)(c)..**

Aggregate Technical Score* Bidders shall calculate their technical score in terms of the scoring criteria given at Appendix IV.

** Add more rows, if necessary.@ Only those schools/educational institutions may be included for which information has

been provided in Annex I and II of this Appendix I.

Instructions

1. For the purpose of scoring as per the Scoring Criteria for Bidders in Appendix IV, thefirst school/educational institution whose experience is claimed by the Bidder shall beconsidered as main school/educational institution. Further schools/educationalinstitutions, if any, shall be considered as subsequent schools/educational institutions.The first school/educational institution and subsequent schools/educationalinstitutions can be of any category or sub-category for the purpose of scoring as per

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the Scoring Criteria for Bidders in Appendix IV. For the first school/educationalinstitution of the Bidder, scores may be computed on the basis of marks specified foreach of the parameters in Appendix IV. For each of the subsequent schools/institutions, scores may be computed equal to 25% of the marks specified for each ofthe parameters in Appendix IV. The first school/ educational institution can be of anycategory and the subsequent school/ educational institution could be from the sameand/or different categories.

2. The marks allocated for accomplishments in Appendix IV would be applicable forawards by State level organisations. For awards by National level organisations, themarks would be upscaled by 50% thereof.

3. Under the category Educational Institutions, the marks specified for the parameters inAppendix IV are applicable for State level institutions. For Central/National levelinstitutions, the scores may be increased by 50% of the marks specified for theparameters in Appendix IV.

4. For the schools/institutions that are located in special category states, scheduled andtribal areas and LWE districts, the scores may be increased by 25% of the marksspecified for the parameters in Appendix IV.

5. If the Bidder has the requisite land in his name in the Block where the school is to beset up, copy of the relevant ownership documents may be submitted along with theProposal. The same would be taken into account in case of a tie in the score of twoBidders. In the event of non-submission of ownership documents by a Bidder, itwould be presumed that the Bidder does not possess requisite land in his name in theBlock.

Note:

Bidders are expected to compute their scores with diligence and caution. In caseineligible/ incorrect scores are computed by a Bidder, such scores shall be omittedduring the evaluation process.

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Appendix IAnnex-V

ANNEX-V

Technical Score of the Bidder for its Net Worth*(Refer to Clauses 3.3.2)

(In Rs. crore)

Name of the Bidder/ Associate$ Net Worth(2011-12)

Net Worth(2012-13)

TechnicalScore#

(1) (2) (3) (4)

Aggregate Technical Score

* Bidders shall calculate their technical score in terms of the scoring criteria given atAppendix IV.

$ The Bidder should include only those Associates for which details have been provided inAnnex-III of this Appendix I.

# The lower of the net worth of the two years may be taken as the basis for computation ofthe scores.

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Appendix IAnnex-VI

ANNEX-VI

Preference for location of Schools(Refer to Clause 2.1.15 of the RFP)

In terms of Clause 2.1.15 of the RFP, our preference for award of Schools to be used inthe event that the gap between the Highest Bidder and the next Highest Bidder is thesame for more than 2 (two) Schools in a State and 5 (five) Schools in the country isindicated below:

Sl.No.

£Block No.$ Name of Block Name of District Name of State

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

£ The serial numbers indicated in column 1 shall be treated as the order of preference for the respectiveSchools.$ The Block No. and details of the School contained in the subsequent columns shall be the same asspecified at Appendix-V of the RFQ and for which the RFP has been issued to the Bidder.

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APPENDIX – IIBank Guarantee for Bid Security

(Refer Clauses 2.1.5 and 2.19.1)

B.G. No. Dated:

1. In consideration of you, *****, having its office at *****, (hereinafter referred to asthe “Authority”, which expression shall unless it be repugnant to the subject orcontext thereof include its, successors and assigns) having agreed to receive the Bidof …………………… (a trust/society/company) and having its registered office at……………………… (hereinafter referred to as the “Bidder” which expressionshall unless it be repugnant to the subject or context thereof include its/theirexecutors, administrators, successors and assigns), for the Rashtriya AdarshVidyalaya, [Name of the Block] on DBFO basis (hereinafter referred to as “theProject”) pursuant to the RFP Document dated …………… issued in respect of theProject and other related documents including without limitation the draftconcession agreement (hereinafter collectively referred to as “BiddingDocuments”), we (Name of the Bank) having our registered office at……………………… and one of its branches at …………………….. (hereinafterreferred to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause2.1.5 read with Clause 2.1.6 of the RFP Document, irrevocably, unconditionally andwithout reservation guarantee the due and faithful fulfilment and compliance of theterms and conditions of the Bidding Documents (including the RFP Document) bythe said Bidder and unconditionally and irrevocably undertake to pay forthwith tothe Authority an amount of Rs. 5,00,000 (Rupees five lakh only) (hereinafterreferred to as the “Guarantee”) as our primary obligation without any demur,reservation, recourse, contest or protest and without reference to the Bidder if theBidder shall fail to fulfil or comply with all or any of the terms and conditionscontained in the said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in defaultof the due and faithful fulfilment and compliance with the terms and conditionscontained in the Bidding Documents shall be final, conclusive and binding on theBank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due andpayable under this Guarantee without any demur, reservation, recourse, contest orprotest and without any reference to the Bidder or any other person and irrespectiveof whether the claim of the Authority is disputed by the Bidder or not, merely onthe first demand from the Authority stating that the amount claimed is due to theAuthority by reason of failure of the Bidder to fulfil and comply with the terms andconditions contained in the Bidding Documents including failure of the said Bidderto keep its Bid open during the Bid validity period as set forth in the said BiddingDocuments for any reason whatsoever. Any such demand made on the Bank shallbe conclusive as regards amount due and payable by the Bank under this Guarantee.

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However, our liability under this Guarantee shall be restricted to an amount notexceeding Rs. 5 ,00,000 (Rupees five lakh only).

Appendix - II

Page 2

4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (onehundred and eighty) days from the Bid Due Date inclusive of a claim period of 60(sixty) days or for such extended period as may be mutually agreed between theAuthority and the Bidder, and agreed to by the Bank, and shall continue to beenforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as towhether the Bidder is in default of due and faithful fulfilment and compliance withthe terms and conditions contained in the Bidding Documents including, inter alia,the failure of the Bidder to keep its Bid open during the Bid validity period set forthin the said Bidding Documents, and the decision of the Authority that the Bidder isin default as aforesaid shall be final and binding on us, notwithstanding anydifferences between the Authority and the Bidder or any dispute pending before anyCourt, Tribunal, Arbitrator or any other authority.

6. The Guarantee shall not be affected by any change in the constitution or winding upof the Bidder or the Bank or any absorption, merger or amalgamation of the Bidderor the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treatthe Bank as the principal debtor. The Authority shall have the fullest liberty withoutaffecting in any way the liability of the Bank under this Guarantee from time totime to vary any of the terms and conditions contained in the said BiddingDocuments or to extend time for submission of the Bids or the Bid validity periodor the period for conveying acceptance of Letter of Award by the Bidder or theperiod for fulfilment and compliance with all or any of the terms and conditionscontained in the said Bidding Documents by the said Bidder or to postpone for anytime and from time to time any of the powersexercisable by it against the said Bidder and either to enforce or forbear fromenforcing any of the terms and conditions contained in the said Bidding Documentsor the securities available to the Authority, and the Bank shall not be released fromits liability under these presents by any exercise by the Authority of the liberty withreference to the matters aforesaid or by reason of time being given to the saidBidder or any other forbearance, act or omission on the part of the Authority or anyindulgence by the Authority to the said Bidder or by any change in the constitutionof the Authority or its absorption, merger or amalgamation with any other person orany other matter or thing whatsoever which under the law relating to sureties wouldbut for this provision have the effect of releasing the Bank from its such liability.

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Appendix - IIPage 3

8. Any notice by way of request, demand or otherwise hereunder shall be sufficientlygiven or made if addressed to the Bank and sent by courier or by registered mail tothe Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on usaddressed to [name of Bank along with branch address] and delivered at our abovebranch which shall be deemed to have been duly authorised to receive the saidnotice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder beforeproceeding against the Bank and the guarantee herein contained shall beenforceable against the Bank, notwithstanding any other security which theAuthority may have obtained from the said Bidder or any other person and whichshall, at the time when proceedings are taken against the Bank hereunder, beoutstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currencyexcept with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge theobligations contemplated herein, the undersigned is duly authorised and has fullpower to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall berestricted to Rs.5 lakh (Rupees five lakh only). The Bank shall be liable to pay thesaid amount or any part thereof only if the Authority serves a written claim on theBank in accordance with paragraph 9 hereof, on or before [*** (indicate date falling180 days after the Bid Due Date)].

Signed and Delivered by ………………………. Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised official.

(Signature of the Authorised Signatory)

(Official Seal)

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APPENDIX – III

Power of Attorney for signing of Bid(Refer Clause 2.1.7)

Know all men by these presents, We, …………………………… (name of thetrust/society/company and address of the registered office) do hereby irrevocablyconstitute, nominate, appoint and authorise Mr. / Ms (Name), son/daughter/wife of……………………………… and presently residing at …………………………………..,who is presently employed with us and holding the position of …………………………..,as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our nameand on our behalf, all such acts, deeds and things as are necessary or required in connectionwith or incidental to submission of our bid for the Rashtriya Adarsh Vidyalaya, [Name ofthe Block] being developed by the Department of School Education and Literacy, Ministryof Human Resource Development, Government of India (the “Authority”) including butnot limited to signing and submission of all applications, bids and other documents andwritings, participate in bidders' and other conferences and providing information /responses to the Authority, representing us in all matters before the Authority, signing andexecution of all contracts including the Concession Agreement and undertakingsconsequent to acceptance of our bid, and generally dealing with the Authority in all mattersin connection with or relating to or arising out of our bid for the said Project and/or uponaward thereof to us and/or till the entering into of the Concession Agreement with theAuthority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,deeds and things done or caused to be done by our said Attorney pursuant to and inexercise of the powers conferred by this Power of Attorney and that all acts, deeds andthings done by our said Attorney in exercise of the powers hereby conferred shall and shallalways be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMEDPRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS……………………… DAY OF …………………….., 20.…..

For……………………………..

(Signature, name, designationand address)

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Appendix - IIIPage 2

Witnesses:

1.

2.

AcceptedNotarised

(Signature, name, designation and address

of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with theprocedure, if any, laid down by the applicable law and the charter documents of theexecutant(s) and when it is so required, the same should be under common seal affixedin accordance with the required procedure.

Wherever required, the Bidder should submit for verification the extract of the charterdocuments and documents such as a board or shareholders resolution/ power ofattorney in favour of the person executing this Power of Attorney for the delegation ofpower hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have tobe legalised by the Indian Embassy and notarised in the jurisdiction where the Powerof Attorney is being issued. However, the Power of Attorney provided by Bidders fromcountries that have signed the Hague Legislation Convention 1961 are not required tobe legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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APPENDIX - IV

Scoring criteria for Bidders(Refer Clause 3.3.1)

Marks

A. Experience of CBSE Affiliated School

1. One School with Class XII

(a) Average percentage marks equal to 40% for past 2 years in Class XII 0

(b) Every 1% increase in percentage of marks above 40% as specified in (a)above

1

(c) Every annual examination of Class XII in addition to 2 years specified in(a) above

1

(d) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(e) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(f) Any acknowledged accomplishment for the School at National/ Statelevel

1

2. One School with Class X where at least two batches have passed out

(a) Average percentage marks equal to 60% for past 2 years in Class X of aschool which did not have Class XII

0

(b) Every 1% increase in percentage of marks above 60% as specified in (a)above

1

(c) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(d) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(e) Any acknowledged accomplishment for the School at National/ Statelevel

1

3. One School with Class X where only one batch has passed out

(a) Average percentage marks equal to 60% in Class X 0

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(b) Every additional 1% increase in percentage of marks above 60% asspecified in (a) above

0.75

(c) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(d) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(e) Any acknowledged accomplishment for the School at National/ Statelevel

1

B. Experience of Non-CBSE Affiliated School

1. One School with Class XII

(a) Average percentage marks equal to 40% for past 2 years in Class XII 0

(b) Every additional 1% increase in percentage of marks above 40% asspecified in (a) above

0.5

(c) Every annual examination of Class XII in addition to 5 years 0.5

(d) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(e) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(f) Any acknowledged accomplishment for the School at National/ Statelevel

1

2. One School with Class X

(a) Average percentage marks equal to 60% for past 2 years in Class X of aschool which did not have Class XII

0

(b) Every additional 1% increase in percentage of marks above 60% asspecified in (a) above

0.5

(c) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(d) Every Teacher with acknowledged accomplishment at National/ Statelevel or

0.50

(e) Any acknowledged accomplishment for the School at National/ Statelevel

1

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C. Experience of other post-secondary Educational Institutions

1. One Educational Institution (Under-graduate level, e.g., Polytechnic/ITI)

(a)Average percentage marks equal to 60% for past 2 years in its highestclass

0

(b) Every additional 1% increase in percentage of marks above 60% asspecified in (a) above

1

(c) Every annual examination of the highest Class in addition to 5 years 1

(d) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(e) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(f) Any acknowledged accomplishment for the Institution at National/ Statelevel

1

2. One Educational Institution (Graduate level)

(a) Average percentage marks equal to 60% for past 2 years in its highestclass

0

(b) Every additional 1% increase in percentage of marks above 60% asspecified in (a) above

1.5

(c) Every annual examination of the highest Class in addition to 5 years 1

(d) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(e) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(f) Any acknowledged accomplishment for the Institution at National/ Statelevel

1

3. One Educational Institution (Post-graduate level)

(a) Average percentage marks equal to 60% for past 2 years in its highestclass

0

(b) Every additional 1% increase in percentage of marks above 60% asspecified in (a) above

2.5

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(c) Every annual examination of the highest Class in addition to 5 years 2

(d) Every Student with acknowledged accomplishment at National/ Statelevel

0.25

(e) Every Teacher with acknowledged accomplishment at National/ Statelevel

0.50

(f) Any acknowledged accomplishment for the Institution at National/ Statelevel

1

4. Subsequent Schools / Educational Institutions

For the first school/educational institution of the Bidder in either of thecategories A or B or C and their respective sub-categories, scores shall becomputed on the basis of the parameters specified above. For each of thesubsequent schools/ educational institutions, scores may be computed onthe basis of the respective parameters specified above, however, only25% of the marks scored shall be reckoned for the purpose of evaluationfor such subsequent schools/educational institutions. The first school/educational institution can be of any category and the subsequent school/educational institution could be from the same and/or different categories.

D. Net worth

(a) Net-worth of Rs. 25 crore 0

(b) Additional Net-worth of every Rs. 1 crore up to Rs. 100 crore 1

(c) Additional Net-worth of every Rs. 1 crore above Rs. 100 crore 0.5

(d) Additional Net-worth of every Rs. 1 crore above Rs. 500 crore 0.25

E. Minimum Score

To qualify for award of a School, the Applicant must have a minimum score of 40(forty).

Notes:

1. (a) Average percentage marks for a batch in school/educational institution shallbe average of percentage marks obtained by all students, covering all subjectsconsidered towards overall score counted by respective affiliating/accreditingboards/bodies for declaring pass/fail, irrespective of the stream, specialization,language of examination and other relevant variables.

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(b) Calculation of average percentage marks of students shall include studentswho have failed in the exams. Students who did not appear for all exams may beexcluded.

(c) Average of last two years’ average percentage marks thus calculated shall berounded to nearest whole number.

(d) Any pending results (compartments/re-valuations, etc.) shall be treated asfinal as existing on the date of Proposal submission.

(e) Last year shall mean the latest year for which results have been declared andcommunicated by the affiliating/ accrediting board/body. The last two years shall beclearly mentioned along with the average percentage.

(f) Grades will be converted to equivalent percentage marks based on therelevant methodology notified by the relevant affiliating/ accrediting board/body.Such methodology for conversion shall be enclosed as published or duly certifiedby the Authorized Signatory of the entity which has notified such methodology. Incase the affiliating/ accrediting board/body declaring the results does not have suchmethodology for conversion of grades or CGPA to percentage, the same would beconverted into percentage marks based on its mean (the mean of the interval for therespective grade in case of grades system). The concerned school/educationalinstitution shall provide a declaration in this regard stating that the affiliating/accrediting board/body declaring its results does not have any specifiedmethodology for conversion of grades or CGPA to percentage and shall providedetails of range of grades/CGPA and mean values of the same.

2. (a) Only the accomplishments relating to excellence in scholastic and co-scholastic activities shall be considered, subject to submission of copy ofappropriate certificate issued by the relevant National/ State level organisation foreach student/ teacher and the school/educational institution in respect of whichtechnical scores are being claimed.

(b) The marks allocated for accomplishments as per the Scoring Criteria in thisAppendix shall be applicable for awards by State level organisations. For awards byNational level organisations, the marks would be upscaled by 50% thereof. For thepurposes of this RFP, an organisation shall be considered as a State levelorganisation if it is affiliated/ accredited to a board/body recognised by the StateGovernment or which has been created under a State law or is a private / deemedUniversity recognised by the University Grants Commission. An organisation shallbe considered as a National level organisation if it is affiliated/ accredited to aboard/body recognised by the Central Government as a national or inter-state entityor which has been created under a Central law.

(c) For students, the accomplishments submitted for consideration must belongto those who were enrolled in the school/educational institution during the time ofthat particular achievement. For Teachers, the accomplishments submitted forconsideration must belong to those from those who are employed currently in theschool/educational institution at the time of submission of the Proposal, irrespective

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of the timing and employer at the time of accomplishment. MHRD reserves theright to seek enrolment/employment/contract records from the Bidder, if required.

(d) The accomplishments may belong to students/teachers from any class/academic batch and any year of operation of the school/educational institution up toand including the date of submission of the proposal.

(e) Only individual accomplishments will be considered as student/ teacheraccomplishments. All team accomplishments will be considered asaccomplishments of the school/educational institution. Further, if only the name ofthe school/ educational institution appears on the certificate, then it will beconsidered as an accomplishment of the school/educational institution. The Bidderwill certify whether the accomplishment is a team or an individual achievement.

(f) The accomplishments that shall be acknowledged for the purpose of theScoring Criteria in this Appendix IV should have been awarded by the bodies listedin Annex II of this Appendix IV.

3. Under Category C above, the marks allotted would be applicable for State levelInstitutions. For all Central/National level institutions, the marks would be upscaledby 50% thereof. For the purposes of this RFP, an educational institution shall beconsidered as a State level institution if it is affiliated to a University recognised bythe State Government or which has been created under a State law or is private /deemed University recognised by the University Grants Commission. Aneducational institution shall be considered as a Central/ National level institution ifit is affiliated to a University recognised by the Central Government as a national orinter-state entity or which has been created under a Central law.

4. The marks allotted would be upscaled by 25% for schools/institutions that arelocated in special category states, scheduled and tribal areas and LWE districts. Thespecial category states include 11 States, namely, Arunachal Pradesh, Assam,Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland,Sikkim, Tripura and Uttarakhand. The State-wise list of scheduled and tribal areas,as referred to in the Fifth and the Sixth Schedule of the Constitution of India, isgiven at the web link http://tribal.nic.in. The list of LWE districts is given at Annex-I of this Appendix IV.

5. There shall be no maximum marks for any parameter or category.

6. In case of a tie in the score of two Bidders, a Bidder who has existing school/educational institution (for which score has been sought) in that Block, failingwhich in that District, failing which if the Bidder has required land in his name inthat Block, would be given preference over the other Bidder.

7. In case of a tie and non-applicability of the above, a Bidder in Category A shallrank higher than a Bidder in Category B; a Bidder in Category B shall rank higherthan a Bidder in Category C; and so on.

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8. In case of a tie in the score of two Bidders in the same category, the Bidder whoscores higher in sub-category (a) of the respective category shall rank higher. In thecase of a tie in all the aforesaid parameters, the successful Bidder shall bedetermined by a draw of lots.

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Appendix IVAnnex-I

ANNEX-I

LIST OF LEFT-WING EXTREMISM (LWE) DISTRICTS

S.No. Name of the District S.No. Name of the DistrictAndhra Pradesh 43 Ramgarh

1 Adilabad 44 Ranchi (Rural)2 East Godavari 45 Saraikela(n)3 Karimnagar 46 Simdega(n)4 Khammam Madhya Pradesh5 Srikakulam 47 Anuppur6 Visakhapatnam 48 Balaghat7 Vizianagaram 49 Chhindwara8 Warangal 50 Dindori

Bihar 51 Mandla9 Arwal 52 Seoni10 Aurangabad 53 Shahdol11 Gaya 54 Sidhi12 Jamui 55 Singrauli13 Jehanabad 56 Umaria14 Kaimur Maharashtra15 Munger 57 Gadchiroli16 Nawada 58 Gondiya17 Pashchim Champaran Orissa18 Rohtas 59 Balangir19 Sitamarhi 60 Debagarh

Chhattisgarh 61 Gajapati20 Bastar 62 Ganjam21 Bijapur 63 Jajapur22 Dantewada 64 Kalahandi23 Jashpur 65 Kandhamal24 Kanker 66 Kendujhar25 Kawardha 67 Koraput26 Koriya 68 Malkangiri27 Narayanpur 69 Mayurbhanj28 Rajnandgaon 70 Nabarangapur29 Surguja 71 Nayagarh

Jharkhand 72 Nuapada30 Bokaro 73 Rayagad31 Chatra 74 Sambalpur32 Garhwa 75 Sonapur33 Giridih 76 Sundargarh34 Gumla Uttar Pradesh35 Hazaribagh 77 Chandauli36 Khunti 78 Mirzapur37 Kodarma 79 Sonbhadra38 Latehar(n) West Bengal39 Lohardaga 80 Bankura40 Pachim Singhbhum 81 Medinipur West41 Palamu 82 Puruliya42 Purbi Singhbhum

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Appendix IVAnnex-II

ANNEX-II

AWARDING BODIES

The accomplishments that shall be acknowledged for the purpose of the Scoring Criteria inthis Appendix should have been awarded by the following bodies.

A. Central and State Governments

Ministries or Departments or Directorates

Autonomous bodies set up by Central/State Government

B. Education Boards

Central Board of Secondary Education (CBSE) Council for Indian School Certificate Examinations (CISCE)

National Institute of Open School (NIOS) State Boards of Secondary Education

C. Autonomous agencies

National Council for Educational Research & Training (NCERT) State Council for Educational Research & Training (SCERT)

University Grants Commission (UGC) All India Council for Technical Education (AICTE) Medical Council of India (MCI)

Association of Indian Universities (AIU) Indian Council for Agricultural Research (ICAR)

Bar Council of India National Council for Teacher Education (NCTE) Indian Society for Technical Education (ISTE)

D. UGC recognised Central & State Universities

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APPENDIX- V

Guidelines of the Department of Disinvestment(Refer Clause 1.21)

No. 6/4/2001-DD-IIGovernment of India

Department of DisinvestmentBlock 14, CGO Complex

New Delhi.Dated 13th July, 2001.

OFFICEMEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in PublicSector Enterprises through the process of disinvestment

Government has examined the issue of framing comprehensive and transparentguidelines defining the criteria for bidders interested in PSE-disinvestment so thatthe parties selected through competitive bidding could inspire public confidence.Earlier, criteria like Net Worth, experience etc. used to be prescribed. Based onexperience and in consultation with concerned departments, Government hasdecided to prescribe the following additional criteria for the qualification/disqualification of the parties seeking to acquire stakes in public sector enterprisesthrough disinvestment:

(a) In regard to matters other than the security and integrity of the country,any conviction by a Court of Law or indictment/ adverse order by aregulatory authority that casts a doubt on the ability of the bidder tomanage the public sector unit when it is disinvested, or which relates toa grave offence would constitute disqualification. Grave offence isdefined to be of such a nature that it outrages the moral sense of thecommunity. The decision in regard to the nature of the offence would betaken on case to case basis after considering the facts of the case andrelevant legal principles, by the Government of India.

(b) In regard to matters relating to the security and integrity of the country,any charge-sheet by an agency of the Government/ conviction by aCourt of Law for an offence committed by the bidding party or by anysister concern of the bidding party would result in disqualification. Thedecision in regard to the relationship between the sister concerns wouldbe taken, based on the relevant facts and after examining whether thetwo concerns are substantially controlled by the same person/ persons.

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AppendixVPage-2

(c) In both (a) and (b), disqualification shall continue for a period thatGovernment deems appropriate.

(d) Any entity, which is disqualified from participating in the disinvestmentprocess, would not be allowed to remain associated with it or getassociated merely because it has preferred an appeal against the orderbased on which it has been disqualified. The mere pendency of appealwill have no effect on the disqualification.

(e) The disqualification criteria would come into effect immediately and wouldapply to all bidders for various disinvestment transactions, which have notbeen completed as yet.

(f) Before disqualifying a concern, a Show Cause Notice why it should not bedisqualified would be issued to it and it would be given an opportunityto explain its position.

(g) Henceforth, these c r i t e r i a w i l l b e p r e s c r i b e d i n t h ea d v e r t i s e m e n t s seeking Expression of Interest (EOI) from theinterested parties. The interested parties would be required to provide theinformation on the above criteria, along w i t h t h e i r E x p r e s s i o n s ofIn t e r e s t (EOI). The bidders shall be required to provide with their EOIan undertaking to the effect that no investigation by a regulatory authorityis pending against them. In case any investigation is pending against theconcern or its sister concern or against its CEO or any of its Directors/Managers/ employees, full details of such investigation including thename of the investigating agency, the charge/ offence for which theinvestigation has been launched, name and designation of persons againstwhom the investigation has been launched and other relevant informationshould be disclosed, to the satisfaction of the Government. For othercriteria also, a similar undertaking shall be obtained along with EOI.

sd/-

(A.K. Tewari) Under Secretary to the Government of India

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APPENDIX- VI

LIST OF BID-SPECIFIC CLAUSES$

A. Clauses and appendices with non-numerical footnotes

1. Clause 2.8.3: Amendment of RFP2. Appendix-I: Letter comprising the Bid (Para 1)3. Appendix-I: Annex-I: Details of existing School: Certificate from

Auditor/Company Secretary regarding Associate4. Appendix-I: Annex-III: Net Worth of the Bidder5. Appendix-I: Annex-V: Technical Score of the Bidder for its Net Worth6. Appendix VI: List of Bid-specific clauses

B. Clauses with Curly Brackets1. Appendix-I: Annex-I: Details of existing School: Certificate from

Auditor/Company Secretary regarding Associate

C. Clauses and appendices with blank spaces

1. Appendix-I: Annex-I: Details of Existing School2. Appendix-I: Annex-II: Details of Existing Educational Institution2. Appendix-II: Bank Guarantee for Bid Security (Para 1 and signatures)3. Appendix-III: Power of Attorney for signing of Bid

$ This Appendix-VI contains a list of clauses and appendices that would need to be suitablymodified for reflecting applicant-specific provisions. This Appendix-VI may, therefore, be includedin the RFP document to be issued to prospective Applicants. The blank spaces in Appendices maybe filled up by the Applicant and the footnotes may be deleted when it submits its proposal.

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APPENDIX-VII

LIST OF PROJECT-SPECIFIC CLAUSES5

A. Clauses and appendices with serially numbered footnotes

1. Clause 1.1: Background (Footnote No. 1)2. Clause 1.1.1: Background (Footnote No. 2)3. Table below Clause 1.1.1: Background (Footnote No. 3)4. Clause 1.3: Schedule of Bidding Process (Footnote No. 4)5. Appendix VII: List of Project-specific clauses (Footnote No. 5)

B. Clauses and appendices with square parenthesis

1. Letter of invitation2. Disclaimer3. Clause 1.1.1: Background4. Clause 1.2.10: Brief description of Bidding Process5. Clause 1.3: Schedule of Bidding Process6. Clause 2.10.4: Sealing and Marking of Bids7. Appendix-I: Letter comprising the Bid (Address and Subject line)

C. Clauses and appendices with asterisk

1. Letter of Invitation: Subject line2. Glossary: Definition of Government3. Clause 1.1.1: Background4. Clause 2.10.5: Sealing and Marking of Bids

5. Appendix-I: Letter comprising the Bid (Address, subject and Para 1)6. Appendix-I: Annex-IV: Technical Score of the Bidder for its Educational

Experience7. Appendix-II: Bank Guarantee for Bid Security (Para 1, 3 and 13)

5 This Appendix-VII contains a list of clauses and appendices that would need to be suitablymodified, prior to issue of the RFP document, for reflecting project-specific provisions. ThisAppendix-VII should be omitted before issuing the RFP document to prospective Applicants.